Question juridique clé
Whether the Administrative Court unlawfully substituted its own aesthetic assessment for the municipality's under § 238 PBG and thereby violated municipal autonomy and the prohibition of arbitrariness.
Solution extraite
Yes. The cantonal court exceeded its review by replacing the municipality's defensible aesthetic appraisal with its own assessment.
Motifs extraits
The Federal Supreme Court held that the building authority's view remained within the zone order and was not obviously untenable; the Administrative Court therefore should have shown restraint and could intervene only if the municipal assessment was manifestly unsustainable.